Workcover NSW broken, pointless, complex and unfair


Last year (March 2017) an upper house inquiry into NSW Workers Compensation released its report recommending a range of reforms. But at the end of our readings we see that nothing has really changed, or has there?

The Law and Justice Committee report found that the dispute resolution processes – called “dysfunctional” by stakeholders – were “inefficient, caused delays, and resulted in inconsistent decision-making and a system that is difficult for scheme participants to navigate”.

The review made 26 recommendations to make claims simpler for injured workers and for the NSW government to establish a ‘one stop shop’ forum for the resolution of all workers compensation disputes.

Other recommendations clamp down on aggressive covert surveillance by insurers, stop insurers “doctor-shopping” to deny claims and require case managers to have mandatory minimum qualifications and training.

The review also recommends the removal of the distinction between ‘work capacity’ and ‘liability’.

Workcover NSW Scheme is broken

Greens MP David Shoebridge, who is a member on the committee who oversaw the review, said the overwhelming message from stakeholders was that the current system was “broken, pointlessly complex and unfair to injured workers”.

“The NSW workers compensation scheme is broken. Injured workers with ongoing injuries and pressing medical needs have been thrown on the scrapheap and are missing out on essential medical care and financial support,” Shoebridge said.

“Taken together the recommendations from this report will make an appreciable, but modest, difference to the unfairness that is now embedded in workers compensation in this state.”

Shadow Minister for Finance, Services and Property, Clayton Barr, said the report was short of the “surgery” needed to fix the workers compensation system.

“This review confirm(ed) what Labor has been saying for so long – that the workers compensation system needs to be fixed.

Concern for workers

The Injured Workers Support Network welcomed the release of the report stating it highlights many concerns raised by its members. However, it expressed concern that it will not inherently improve the experiences of injured workers.

“Rather than supporting injured workers the recommendations dither at the edges of the system,” said Rowan Kernebone, coordinator of the Injured Workers Support Network.

“There is no mention of the dire need to pull insurers in line when they breach statutory timeframes to approve necessary surgery or medical treatments. A wait that increases the likelihood of permanent disability and extends the recovery time of nearly all injured workers in NSW.”

Talking of doctors’ “legal obligations”, rather than their rights and responsibilities to injured workers, would more likely “push the system towards the insurers’ adversarial practices and away from practical medical assistance for injured workers” said Kernebone.

“We need a workers compensation system that works to improve the recovery of injured workers and their adaption to life with an acquired disability, not one that makes the system better at ignoring this.” said Injured Workers Support Network chair David Henry.

“Any improvement is eagerly welcomed, but in reading the committees report and comparing that to their recommendations, they clearly don’t have a grasp of the significance of the issues presented and the adverse effects these issues have on people’s lives.”

See the report here and the full list of recommendations here.



3 Responses to “Workcover NSW broken, pointless, complex and unfair”

  1. I have been in this rotten system for 19 years. After two accidents, one at work in the construction industry and then a car accident early one morning in 2000 travelling to worksite.
    Both with separate employers but sharing the same insurer.
    There have been 5 insurers “managing” my claim disgracefully over all these years.
    The majority of my compensation (2/3rd’s) was taken by the two lawyers firms representing me, now I have a 3rd lawyer on the case as I was shunted off the scheme by “DODGY INSURANCE IME’S” reports that purposely put me under 10% incapacitated.

    All my treating specialists and the new lawyers IME’s agree that I am over 50% incapacitated according to the new full body impairment scale.

    Something very fishy is going on.
    Nine months have passed and I’m living on a Newstart Allowance with a Medical certificate, Centrelink cannot even get their act together.

    I’m dying here, not much will left to live anymore

    No family, live alone, children don’t see me nor call for 3 years, 6 suicide attempts over the last decade. Lost house, business, licence due to medical condition.

    Insurer even refuses to pay for medication now. (Supposed to legally cover medical expenses for 2 years after being booted off the workers compensation scheme).

    What is they point off appealing the insurers foul decision. They just win anyway, politicians don’t care as long as they get their midnight salary pay rises approved so voters don’t see.

    Lawyers only involved as long as their is money in it for themselves, as obvious by the amount I was charged for services.

    Current Affairs, journalists, reporters, non of these give two hoots….I’ve been trying everything for help in this injustice.

    At end of tether! (This is exactly what the insurers want, and suicide so that people like me are dead and buried, no more claim)

  2. @Dave, likewise I spent over a decade in this rotten system, I took some time out (the blog) because of a very difficult personal issue and because of sepsis of my total reverse shoulder prosthetic, only to discover that basically NOTHING has changed. In fact my first impression are that things are worse, if that’s even possible. The mistreatement of injured workers flies in the face, the money-greedy, lying IMEs and CMs fly also in the face, and everybody seems at a loss on how to fix this living hell. In unity

  3. I spent years on the broken NSW workers comp system and let me tell
    You you will never beat the bastards they write the laws to suit themselves as they go along. All this system will do for you is send you insane,you will never win and you will get fuck all for your injuries. And Barry ofarell will hopefully one day have a serious injury and I hope he gets the chance to go into the system that he changed the laws to

read-before-u-commentThis is a statement pointing you to our seriously injured but esteemed and honourable Social Networking Sites Warning and our comment policy. A must read in the context of a very adversarial workcover system! Remember to mention in which state you reside if you seek advice.

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